How long a DUI stays on your record in Virginia
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Two records, two answers. On the driving record: 11 years on the DMV record; demerit points clear after two. On the criminal record: permanent — expungement is only for charges without a conviction.
Virginia keeps the two archives on different clocks. The demerit points from a six-point DUI come off two years after the offence date; the conviction itself remains on the driving record for eleven years, where insurers and any employer requiring a clean motor vehicle record can see it.
| Question | Answer in Virginia |
|---|---|
| On the driving record | 11 years on the DMV record; demerit points clear after two |
| On the criminal record | Permanent — expungement is only for charges without a conviction |
| Expungement or sealing | Not available for a conviction |
| Counts against a later offence | Prior convictions within five or ten years drive the mandatory minimums on a later offence, which is the reason DMV keeps the conviction visible for eleven years. |
| Source | Code of Virginia § 19.2-392.2 · Code of Virginia § 19.2-392.13(H), DMV and sealed records · checked 2026-09-06 |
Can it be cleared in Virginia?
Virginia’s expungement statute applies to arrests and charges that did not end in a conviction: acquittals, nolle prosequi and dismissals. A guilty plea, a no-contest plea or a finding of guilt puts the case outside it.
Of the 15 states in this layer, 8 close the door on a conviction entirely, while Kansas will expunge one after a waiting period. So the blanket advice you find online — that a DUI can never be cleared, or that it always can after seven years — is wrong in both directions depending on where you were convicted.
The part of the Virginia rule that catches people
Sealing is not the back door people expect. Where a court orders an offence sealed, the DMV is expressly barred from sealing a conviction if doing so would breach federal record-retention rules or federal programme requirements tied to a suspension — so the driving record can stay open after the criminal record closes.
Why the answer is always two answers
The driving record is kept by the licensing agency to decide licences, insurance surcharges and how hard to punish a second offence. The criminal record is kept by the courts and the state police to answer background checks. They are created at different moments, governed by different statutes, and cleared — where they can be cleared at all — by different procedures.
That is why someone can be told truthfully that their conviction was “dismissed” and still fail a driving-job screening years later. If the job involves a vehicle, the record that matters is the one at the DMV.
What else is still running in Virginia
The record outlasts every other obligation, which is why it is worth checking last rather than first. The programme, the filing and the device all end on their own clocks.
Virginia DUI law in full → · Insurance filing rules in Virginia → · How records work everywhere →
Record questions in Virginia
How long does a DUI stay on your record in Virginia?
On the driving record, 11 years on the DMV record; demerit points clear after two. On the criminal record, permanent — expungement is only for charges without a conviction. Those are two separate archives kept by two different agencies, and the answer people are usually given conflates them.
Can a DUI be expunged in Virginia?
Not available for a conviction. Virginia’s expungement statute applies to arrests and charges that did not end in a conviction: acquittals, nolle prosequi and dismissals. A guilty plea, a no-contest plea or a finding of guilt puts the case outside it.
How long does a prior DUI count against you in Virginia?
Prior convictions within five or ten years drive the mandatory minimums on a later offence, which is the reason DMV keeps the conviction visible for eleven years. That window is a separate question from how long the record is visible — a conviction can stop counting for sentencing while remaining perfectly visible to an employer.
Will a DUI show up on a background check in Virginia?
It depends which check. A criminal-history search looks at the court record; an employer who pulls a motor vehicle record sees the driving record instead, and those clear on different schedules. In Virginia the driving record holds it 11 years on the DMV record; demerit points clear after two, which is why driving jobs keep asking about it long after the case is closed.
Does clearing the court record clear the driving record in Virginia?
No, and that assumption is the single most common mistake in this area. The two are held by different agencies under different statutes; an order aimed at one does not bind the other unless the statute says so explicitly. In Virginia: sealing is not the back door people expect. Where a court orders an offence sealed, the DMV is expressly barred from sealing a conviction if doing so would breach federal record-retention rules or federal programme requirements tied to a suspension — so the driving record can stay open after the criminal record closes.
Attorney advertising. InterlockDeviceNearMe is not a law firm, does not practice law, and does not give legal advice. Nothing here creates an attorney-client relationship. Requesting a consultation connects you with an independent attorney or a legal referral service, who decide separately whether to take your case. Case outcomes depend on facts we do not know, and no result is ever promised. Deadlines in DUI cases are short and vary by state — speak to a licensed attorney in your state before relying on anything you read here.